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Aug
10,
2010
Taxation of an Estate as a Trust
Upon the death of a taxpayer, a T3 trust tax return is prepared, as well as a report of the income earned by the estate after...
Aug
9,
2010
Estate Tax Planning: RRSPs and Rollovers
Registered Retirement Savings Plans (RRSPs)Like non-depreciable capital property and depreciable capital property, a spousal rollover is available for RRSPs. Money directly received by the spouse (as...
Aug
9,
2010
Keeping your Trusts Clean
Cleansing Tainted TrustsA qualifying spousal trust could inadvertently lose its special status by inadvertently putting capital in the hands of persons other than the spouse. In such situations,...
Aug
6,
2010
Trustees: Distributions and Payments to Minor Children
Wills containing benefits held in trust for minor children would usually include clauses authorizing the estate trustee to distribute from the child’s trust directly to the...
Aug
6,
2010
Guardians of the Property of Minor Children
No one, including parent or custodian, has an inherent right to possess or control property or assets otherwise belonging to a minor child. They can, however,...
Aug
6,
2010
Guardians Chosen in a Will, and the the Children’s Law Reform Act
Guardians, Custodians, and the Children’s Law Reform ActConventionally, “guardians” of minor children are whomever the parent has named in his or her will to take care...
Aug
4,
2010
Guardians for Mentally Incapable Persons: When the Court Decides
Court Hearing and JudgmentA person who is concerned about an adult who appears to be mentally incapable and at serious risk may apply to the court...
Aug
4,
2010
Taxation at Death: Using Rollovers to Defer Taxes
RolloversAccording to the Canadian Income Tax Act there are two circumstances under which death need not bring forth a deemed realization of non-depreciable capital property or...
Aug
4,
2010
The Liability of Personal Representatives in Estate Administration
Personal Liability of Personal RepresentativesThe purpose of the personal liability provision is to encourage personal representatives to ensure that they do not overlook their obligations, such...
Aug
4,
2010
Creditors, the CRA and the Role of Estate Trustees
The personal representative (ITA, s. 150(3)) carries the responsibility of addressing the tax consequence of a taxpayer’s death. But the ITA (Income Tax Act) does not...
